Case Law Library

Faced with conflicting case law about what needs to be present in a doctor's report for the 1997 Permanent Disability Rating Schedule to apply, the 1st District Court of Appeal on Thursday sided with the Genlyte decision and remanded back to the Workers' Compensation Appeals Board for a decision about whether a medical report written before 2005 stated that the applicant was permanently disabled.

A defendant may satisfy its obligation under Labor Code section 4600 to provide reasonable medical treatment by transferring an injured worker into an MPN in conformity with applicable statutes and regulations regardless of the date of injury or the date of an award of future medical treatment.

A janitor who was hired and fired by the same company on three different occasions was time-barred from asserting her claims of harassment, retaliation, disability discrimination, wrongful termination and violation of the Family Rights Act.

For the 1997 Schedule to apply under section 4660(d), the existence of permanent disability must be indicated in either a pre-2005 comprehensive medical-legal report or a pre-2005 report from a treating physician.

Today's Round Up

12/19/2018 |
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| 3 min read

The owner and four more employees of the Massachusetts compounding pharmacy that caused the 2012 nationwide outbreak of fungal meningitis are preparing for prison after they were convicted for their role in the public health crisis.
"This episode was a tragic reminder of why compounding and compounded drugs can present serious risks to patien...
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12/19/2018 |
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A report by the Government Accountability Office found failure to properly communicate instructions to appeal denials of claims for benefits under a federal energy workers’ program could be suppressing the number of cases, according to a report by the Tri-City Herald in Washington state.
The newspaper says the recently released report by the...
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12/19/2018 |
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An employee of a Bowling Green auto parts manufacturer will help oversee funding for the Kentucky workers’ compensation program through an appointment announced by Gov. Matt Bevin on Tuesday.
Brenda Collins, a benefits distributor for Constellium-UACJ, was appointed as an employer representative on the Workers’ Compensation Funding Com...
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